Which US states are banning abortion as election nears?

New to Context? We'd love for you to find out a little more about what we do. Click here for a selection of our best work.

Abortion is a key issue in this year's U.S. presidential election with both sides seeking to capitalise on the highly divisive topic following a slew of state bans.

About half of U.S. states have outlawed abortion or introduced draconian curbs since a landmark Supreme Court ruling in June 2022.

States were left free to make their own abortion laws after the court overturned a 1973 ruling known as Roe v. Wade that had guaranteed abortion rights nationwide.

Advocates for reproductive rights are now working to place the issue on ballots in nearly a dozen states in November's election with the aim of protecting access.

A Reuters/Ipsos poll in March found 83% of Democrats think abortion should be legal in most or all cases, while 57% of Republicans think it should be outlawed in most or all cases.

In June, the Supreme Court rejected a bid by anti-abortion activists to block nationwide access to the abortion pill, called mifepristone, used to end early pregnancies.

Here is a list of states introducing bans and curbs. An asterisk shows the 13 states that had passed so-called trigger bans prior to the 2022 ruling, which were designed to kick in if Roe v. Wade fell.

ALABAMA - Banned. The Human Life Protection Act - which compares abortion to historical genocides - was passed in 2019, but only came into force after the Supreme Court ruling. Anyone convicted of performing an abortion faces up to life in prison. There are no exceptions for rape or incest.

ARIZONA - The state made headlines this year when it revived an 1864 near-total abortion ban, but lawmakers voted in May to repeal it.

A ban on abortions after 15 weeks of pregnancy remains in place, but a ballot measure will likely go before voters in November that could amend the state constitution to protect abortion up to fetal viability, generally around 23 or 24 weeks.

ARKANSAS* - Banned. Anyone who performs an abortion faces up to 10 years in prison, a fine of up to $100,000, or both. There are no exceptions for rape or incest.

FLORIDA - A ban on abortion after six weeks - before many women know they are pregnant - went into force in May.

Florida had previously provided abortions to women from other southern states where draconian laws were quickly imposed after the 2022 ruling.

But Florida's ban could be short-lived. The state's top court has agreed that Floridians can vote on a ballot measure in November that would legalise abortion up until fetal viability.

GEORGIA - A 2019 law banning abortion when a fetal heartbeat is detected, usually at about six weeks, took effect in 2022, but legal battles continue. There are exceptions for rape or incest if a police report has been filed.  

IDAHO* - Banned. Lawbreakers face up to five years in prison.

A judge has blocked enforcement of a separate law making it illegal to help a minor get an abortion in another state. Copycat bills have been introduced in other states but are not yet in effect.

In another case, the U.S. Supreme Court is considering whether Idaho's abortion ban conflicts with a federal law that ensures patients receive emergency care.

INDIANA - Banned. Indiana was the first state to pass a new law banning abortion following the Supreme Court ruling. However it only went into effect in August 2023 due to a legal challenge. There are exceptions for rape, incest, fatal fetal anomalies and to prevent serious risk to the mother's health.

IOWA - A "fetal heartbeat" ban has been blocked by judges, meaning abortion remains permitted up to 20 weeks of pregnancy. 

KENTUCKY* - Banned. Anyone performing an abortion risks up to five years in prison. There are no exceptions for rape or incest.

Voters in Kentucky, however, rejected a proposal to amend the state's constitution to say that residents do not have a right to abortion. 

LOUISIANA* - Banned. Anyone providing an abortion could face up to 10 years in prison and a fine of between $10,000 and $100,000. There are no exceptions for rape and incest.

In May, Louisiana became the first state to classify abortion pills as controlled substances.

MISSISSIPPI* – Banned. Anyone who performs an abortion risks up to 10 years in prison. There are exceptions in cases of rape reported to police.    

MISSOURI* - Banned. Anyone performing an abortion could face up to 15 years in prison. Medical professionals could also lose their licenses. There are no exceptions for rape or incest.

NEBRASKA - The state has banned abortion after 12 weeks. There are exceptions for rape and incest.

NORTH CAROLINA - A law banning abortion after 12 weeks took effect last year.

NORTH DAKOTA* - Banned. There are exceptions in cases of rape and incest, but only for the first six weeks of pregnancy.

OHIO - Residents voted last year to add abortion rights to the state constitution, rendering moot a six-week abortion limit previously signed into law.

A "fetal heartbeat" ban went into force in the Republican-led state after the Supreme Court ruling, but had been put on hold.

The ban made headlines when a 10-year-old rape victim was forced to travel to Indiana to get an abortion.   

OKLAHOMA* – Banned. In May 2022, Oklahoma became the first state to ban abortion from the moment of fertilisation. The law, passed in defiance of Roe v. Wade, also allows private citizens to sue anyone who helps a woman terminate a pregnancy.

A separate trigger ban that came into force in August 2022 carries penalties of up to 10 years in jail and a $100,000 fine.

There are no exceptions for rape or incest.

SOUTH CAROLINA - The Supreme Court upheld a hotly contested "fetal heartbeat" ban last year, rejecting a legal challenge by abortion provider Planned Parenthood.

SOUTH DAKOTA* - Banned. There are no exceptions for rape or incest.     

TENNESSEE* - Banned. There are no exceptions for rape or incest.    

TEXAS* – Banned. Anyone providing an abortion can face up to life in prison. There are no exceptions for rape or incest.

Texas caused controversy when it passed a "fetal heartbeat" ban in 2021 before Roe v Wade was dismantled. A full ban came into force in 2022.

The 2021 law allows citizens to sue anyone who aids, abets or provides an illegal abortion. A man is currently suing three women for allegedly helping his ex-wife end a pregnancy.

Several cities and counties have also banned what they call "abortion trafficking" - the act of transporting a person along their roads for an abortion. The roads include highways connecting Texas to New Mexico where abortion is legal.

UTAH* - A Utah judge has blocked a trigger ban pending a legal challenge by Planned Parenthood, meaning abortion remains legal up to 18 weeks.    

WEST VIRGINIA - Banned. There are exceptions for rape and incest.   

WISCONSIN - Clinics stopped providing abortions for more than a year following the Supreme Court ruling due to uncertainty over whether the state could enforce an 1849 law which was interpreted as banning abortion. Planned Parenthood started offering abortions again last September after a judge ruled the law did not apply to most terminations.

WYOMING* - A judge has temporarily blocked a near-total ban and a separate law banning the use of abortion pills which was due to take effect in July 2023 and would have been the first such ban in the country.

This article was updated on Jun 24, 2024, to include the latest developments.

SOURCES: Reuters, Guttmacher Institute, ACLU, U.S. state documents

(Reporting by Emma Batha; Editing by Katy Migiro, Sonia Elks and Helen Popper)